Robert Earl Fort, October 8, 1997

HARDY MYERS
AlTORNEY GENERAL
Robert Earl Fort
# 8370721
Oregon State Penitentiary
2605 State Street
Salem, OR 97310
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310-0506
Telephone' (503) 378-.i400
TDD' (503) 378-5938
October 8, 1997
Re: Petition for Public Records Disclosure Order
Secretary of State, Archives Division Records
Dear Mr. Fort:
DAVID SCHUMAN
DEPUTY ATTORNEYCE\.ERAL
This letter is the Attorney General's order on your petition for the disclosure of
records under the Oregon Public Records Law, ORs 192.410 to 192.505. Your petition,
which we received on October 3, 1997, asks the Attorney General to direct Roy Turnbaugh,
the State Archivist, to produce a
photocopy of certified copy of oath of judicial office of District Court Judge
Barbara A. Halslinger subscribing, pursuant to ORS 1.635(2) and (3), for
appointment pro-tempore to the circuit court of Deschutes County during the
year of 1990.
We have been informed by Layne Sawyer of the Archives Division that the certified
copy of the record you sought was mailed to you on or around September 30. Because the
requested record has been provided to you, we deny your petition as moot.
We understand that you have been billed for the cost of providing that record. Your
petition also states that you are indigent and cannot pay the cost of the requested documents,
and that the documents are "very vital to my criminal case now pending." Under ORS
192.440(4), a public body may reduce or waive fees if the body determines that such a
Robert Earl Fort
Page 2
October 8, 1997
reduction is in "the public interest because making the record available primarily benefits the
general public. "
Because ORS 192.440(4) was modeled on the provision for waiver of fees in the
federal Freedom of Information Act (FOIA), this office has followed the federal courts'
interpretation of the FOIA provision.
The federal courts have found that the public interest standard requires an
analysis of whether disclosure of the information would benefit the public, not
merely the private interests of the requestor. Becuase the proper focus must
be on the benefit to the public, a personal benefit to be derived by the
requestor alone is insufficient to require a fee waiver. If a requestor seeks
information relating solely to the requestor in order to aid his or her defense
against criminal prosecution, there is insufficient public benefit to require a fee
waiver.
ATIORNEY GENERAL'S PUBLIC RECORDS AND MEETINGS MANUAL 13 (1995).
The disclosure of a certified copy of the requested record would appear to benefit
only yourself. Therefore, you are not entitled to a fee waiver. The Archives Division is not
required to waive its fee for providing the record.
JAA026BB/DS/jh
c: Roy Turnbaugh
State Archivist
Sincerely,
DAVID SCHUMAN
Deputy Attorney General

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HARDY MYERS
AlTORNEY GENERAL
Robert Earl Fort
# 8370721
Oregon State Penitentiary
2605 State Street
Salem, OR 97310
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
Salem, Oregon 97310-0506
Telephone' (503) 378-.i400
TDD' (503) 378-5938
October 8, 1997
Re: Petition for Public Records Disclosure Order
Secretary of State, Archives Division Records
Dear Mr. Fort:
DAVID SCHUMAN
DEPUTY ATTORNEYCE\.ERAL
This letter is the Attorney General's order on your petition for the disclosure of
records under the Oregon Public Records Law, ORs 192.410 to 192.505. Your petition,
which we received on October 3, 1997, asks the Attorney General to direct Roy Turnbaugh,
the State Archivist, to produce a
photocopy of certified copy of oath of judicial office of District Court Judge
Barbara A. Halslinger subscribing, pursuant to ORS 1.635(2) and (3), for
appointment pro-tempore to the circuit court of Deschutes County during the
year of 1990.
We have been informed by Layne Sawyer of the Archives Division that the certified
copy of the record you sought was mailed to you on or around September 30. Because the
requested record has been provided to you, we deny your petition as moot.
We understand that you have been billed for the cost of providing that record. Your
petition also states that you are indigent and cannot pay the cost of the requested documents,
and that the documents are "very vital to my criminal case now pending." Under ORS
192.440(4), a public body may reduce or waive fees if the body determines that such a
Robert Earl Fort
Page 2
October 8, 1997
reduction is in "the public interest because making the record available primarily benefits the
general public. "
Because ORS 192.440(4) was modeled on the provision for waiver of fees in the
federal Freedom of Information Act (FOIA), this office has followed the federal courts'
interpretation of the FOIA provision.
The federal courts have found that the public interest standard requires an
analysis of whether disclosure of the information would benefit the public, not
merely the private interests of the requestor. Becuase the proper focus must
be on the benefit to the public, a personal benefit to be derived by the
requestor alone is insufficient to require a fee waiver. If a requestor seeks
information relating solely to the requestor in order to aid his or her defense
against criminal prosecution, there is insufficient public benefit to require a fee
waiver.
ATIORNEY GENERAL'S PUBLIC RECORDS AND MEETINGS MANUAL 13 (1995).
The disclosure of a certified copy of the requested record would appear to benefit
only yourself. Therefore, you are not entitled to a fee waiver. The Archives Division is not
required to waive its fee for providing the record.
JAA026BB/DS/jh
c: Roy Turnbaugh
State Archivist
Sincerely,
DAVID SCHUMAN
Deputy Attorney General